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Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Notices
§ 35–48–3–5(e), state law further
provides that ‘‘[t]he board may reinstate
a registration that has been suspended
under subsection(e) after a hearing, if
the board is satisfied that the applicant
is able to manufacture, distribute or
dispense controlled substances with
reasonable skill and safety to the
public.’’ Id. § 35–48–3–5(f). (emphasis
added). Thus, it appears that
Respondents are entitled to a hearing to
challenge the underlying allegations
before the State board.
Respondents contend that their right
to a hearing under section 35–48–3–5(f)
‘‘is not triggered until the Indiana
Controlled Substances Advisory
Committee serves upon the * * *
registrant an order to show cause why
registration should not be denied,
revoked or suspended,’’ and that
‘‘absent such a step, the purported
suspension issued by the board * * * is
a nullity, and cannot form the basis for
a federal suspension.’’ Surreply at 2
(citing Ind. Code § 35–48–3–6(a)).5
Respondents further argue that ‘‘[i]f it
could, then the Indiana Advisory
Committee could avoid the hearing
provision on which the Government
relies solely by not issuing the show
cause notice.’’ Id.
Beyond the fact that Respondents’
argument appears to be based on the
speculative premise that the Indiana
authorities will attempt to prevent them
from obtaining a hearing, the Indiana
statute makes clear that Respondents are
entitled to a hearing. Presumably, the
Indiana courts are open and can provide
an appropriate remedy in the event the
state board refuses to provide
Respondents with a hearing. See Ind.
Code § 34–27–3–1 (‘‘An action for
mandate may be prosecuted against any
inferior tribunal * * * public * * *
officer, or person to compel the
performance of any * * * act that the
law specifically requires[.]’’).
Moreover, the question of whether the
Indiana suspensions are a nullity
because the State did not serve
Respondents with a Show Cause Order
is an issue of state law and for the
Indiana courts to decide. As such, it is
outside the scope of this proceeding.
See George S. Heath, M.D., 51 FR 26610
(1986) (‘‘DEA accepts as valid and
mstockstill on DSK4VPTVN1PROD with NOTICES
5 This
provision states:
Before recommending a denial, suspension, or
revocation of a registration, or before refusing a
renewal of registration, the board shall serve upon
the applicant or registrant an order to show cause
why registration should not be denied, revoked, or
suspended * * *. The order to show cause shall
contain a statement of the basis therefor [sic] and
shall call upon the applicant or registrant to appear
before the board at a time and place not less than
thirty (30) days after the date of service of the order
* * *.
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17:44 Nov 17, 2011
Jkt 226001
lawful the action of a state regulatory
board unless that action is overturned
by a state court or otherwise pursuant to
state law. * * * The [DEA] will not
consider a challenge to the lawfulness of
a Georgia Board Order. Such a challenge
must be made in another forum.’’); see
also Shahid Musud Siddiqui, M.D., 61
FR 14818, 14818–19 (DEA 1996) (A
‘‘DEA administrative proceeding is not
an appropriate forum for wholesale
review of state criminal and
administrative actions taken by the State
of New York arising out of the laws of
the State of New York. To allow it to be
so would be to permit a wide collateral
attack upon such convictions.’’) (int.
quotations and citation omitted).
Finally, Respondents argue that the
suspensions of their state CSRs are
invalid because they were suspended by
the MLB and only the Pharmacy Board
has authority under state law to suspend
their registrations. However, the
Pharmacy Board’s May 27, 2010 letter
makes clear that it (and not the MLB)
was suspending Respondent PMSC’s
registration, and even if Respondent
Tiwari’s controlled substance
registration was suspended by the MLB,
the validity of this action is also a
question of state law and for the Indiana
courts to decide. Riba, 73 FR at 75774;
Heath, 51 FR at 26610.
Because there is no dispute over the
material fact that each Respondent’s
Indiana controlled substance
registration has been suspended, each is
without authority to hold a DEA
registration.6 See 21 U.S.C. 802(21).
Accordingly, Respondents’ registrations
will be revoked and any pending
applications will be denied.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f) and 824(a), as well
as 28 CFR 0.100(b) and 0.104, I order
that DEA Certificate of Registration,
BT2936411, issued to Respondent
Kamal Tiwari, M.D., and DEA
Certificate of Registration, BP4917413,
issued to Respondent Pain Management
and Surgery Center of Southern Indiana,
be, and they hereby are, revoked. I
further order that any pending
applications of Kamal Tiwari, M.D. and
Pain Management and Surgery Center of
Southern Indiana, to renew or modify
such registrations, be, and they hereby
6 Where, as here, no material fact is in dispute,
there is no need for an evidentiary hearing and
summary disposition is appropriate. See Michael G.
Dolin, M.D., 65 FR 5661 (2000); see also Philip E.
Kirk, M.D., 48 FR 32887 (1983), aff’d sub nom Kirk
v. Mullen, 749 F.2d 297 (6th Cir. 1984).
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71607
are, denied. This Order is effective
immediately.7
Dated: November 8, 2011.
Michele M. Leonhart,
Administrator.
[FR Doc. 2011–29708 Filed 11–17–11; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
[OMB Number 1110–0008]
Agency Information Collection
Activities: Proposed Collection,
Comments Requested; Extension of a
Currently Approved Collection;
Monthly Return of Arson Offenses
Known to Law Enforcement
30-day Notice of Information
Collection Under Review.
ACTION:
The Department of Justice, Federal
Bureau of Investigation, Criminal Justice
Information Services Division (CJIS)
will be submitting the following
information collection request to the
Office of Management and Budget
(OMB) for review and clearance in
accordance with established review
procedures of the Paperwork Reduction
Act of 1995. The proposed information
collection is published to obtain
comments from the public and affected
agencies. This proposed information
collection was previously published in
the Federal Register on September 15,
2011, Volume 76, Number 179, Page
57081, allowing for a 60 day comment
period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until December 19, 2011. This
process is conducted in accordance with
5 CFR 1320.10.
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden and associated response time,
should be directed to Mr. Gregory E.
Scarbro, Unit Chief, Federal Bureau of
Investigation, CJIS Division, Module
E–3, 1000 Custer Hollow Road,
Clarksburg, West Virginia 26306;
facsimile (304) 625–3566.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Comments
should address one or more of the
following four points:
7 For the same reason that I ordered that the
Respondents’ registration be immediately
suspended, I conclude that the public interest
necessitates that this Order be effective
immediately. See 21 CFR 1316.67.
E:\FR\FM\18NON1.SGM
18NON1
71608
Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Notices
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques of
other forms of information technology,
e.g., permitting electronic submission of
responses.
mstockstill on DSK4VPTVN1PROD with NOTICES
Overview of This Information
Collection
(1) Type of information collection:
Extension of a currently approved
collection.
(2) The title of the form/collection:
Monthly Return of Arson Offenses
Known to Law Enforcement.
(3) The agency form number, if any,
and the applicable component of the
department sponsoring the collection:
Form Number 1–725; Sponsor: Criminal
Justice Information Services Division,
Federal Bureau of Investigation,
Department of Justice.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: City, county, state,
federal and tribal law enforcement
agencies. Brief Abstract: This form
collects information on arson incidents
committed throughout the United
States.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: There are approximately
18,108 law enforcement agency
respondents that submit monthly for a
total of 217,296 responses with an
estimated response time of 9 minutes
per response.
(6) An estimate of the total public
burden (in hours) associated with this
collection: There are approximately
32,594 hours, annual burden, associated
with this information collection.
If additional information is required
contact: Jerri Murray, Department
Clearance Officer, Policy and Planning
Staff, Justice Management Division,
United States Department of Justice,
Two Constitution Square, 145 N Street
VerDate Mar<15>2010
17:44 Nov 17, 2011
Jkt 226001
NE., Room 2E–508, Washington, DC
20530.
Jerri Murray,
Department Clearance Officer, PRA, United
States Department of Justice.
[FR Doc. 2011–29841 Filed 11–17–11; 8:45 am]
BILLING CODE 4410–02–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–018 and 52–019; NRC–
2008–0170; Docket Nos. 52–022 and 52–023;
NRC–2008–0231; Docket Nos. 52–029 and
52–030; NRC–2008–0558; Docket Nos. 52–
040 and 52–041; NRC–2009–0337]
Notice of Availability of Combined
License Applications
ACTION:
Combined license applications;
receipt.
The U.S. Nuclear Regulatory
Commission (NRC) is giving notice once
each week for four consecutive weeks of
combined license (COL) applications
from Progress Energy Florida, Inc., Duke
Energy Carolinas, LLC, Progress Energy
Carolinas, Inc., and Florida Power &
Light Company.
ADDRESSES: You can access publicly
available documents related to this
action using the following methods:
• NRC’s Public Document Room
(PDR): The public may examine and
have copied, for a fee, publicly available
documents at the NRC’s PDR, O1–F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
available online in the NRC Library at
http://www.nrc.gov/reading-rm/adams.
html. From this page, the public can
gain entry into ADAMS, which provides
text and image files of the NRC’s public
documents. If you do not have access to
ADAMS or if there are problems in
accessing the documents located in
ADAMS, contact the NRC’s PDR
reference staff at 1–(800) 397–4209,
(301) 415–4737, or by email to pdr.
resource@nrc.gov. The ADAMS
accession numbers for the initial
application cover letters are as follows:
ML073510494 for William States Lee III
Nuclear Station Units 1 and 2,
ML080580078 for Shearon Harris
Nuclear Power Plant Units 2 and 3;
ML082260277 for Levy Nuclear Plant
Units 1 and 2; and ML091830589 for
Turkey Point Units 6 and 7.
• Federal Rulemaking Web site:
Public comments and supporting
materials related to this action can be
SUMMARY:
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
found at http://www.regulations.gov by
searching on Docket ID NRC–2008–0170
(William States Lee III Nuclear Station
Units 1 and 2), NRC–2008–0231
(Shearon Harris Nuclear Power Plant
Units 2 and 3), NRC–2008–0558 (Levy
Nuclear Plant Units 1 and 2), and NRC–
2009–0337 (Turkey Point Units 6 and 7).
Address questions about NRC dockets to
Carol Gallagher, telephone: (301) 492–
3668; email: Carol.Gallagher@nrc.gov.
The applications are also available at
http://www.nrc.gov/reactors/newreactors/col.html.
FOR FURTHER INFORMATION CONTACT:
Donald Habib, Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
(301) 415–1035, email: Donald.Habib@
nrc.gov.
SUPPLEMENTARY INFORMATION: The
following parties have filed applications
for COLs with the NRC, pursuant to
Section 103 of the Atomic Energy Act of
1954, as amended, and Title 10 of the
Code of Federal Regulations (10 CFR)
part 52, ‘‘Licenses, Certifications, and
Approvals for Nuclear Power Plants:’’
1. On December 12, 2007, Duke
Energy Carolinas, LLC, submitted an
application for COLs for two AP1000
advanced passive pressurized water
reactors designated as William States
Lee III Nuclear Station Units 1 and 2 in
Cherokee County, South Carolina.
2. On February 18, 2008, Progress
Energy Carolinas, Inc., submitted an
application for COLs for two AP1000
advanced passive pressurized water
reactors designated as Shearon Harris
Nuclear Power Plant Units 2 and 3 in
Wake County, North Carolina.
3. On July 28, 2008, Progress Energy
Florida, Inc., submitted an application
for COLs for two AP1000 advanced
passive pressurized water reactors
designated as Levy Nuclear Plant Units
1 and 2 in Levy County, Florida.
4. On June 30, 2009, Florida Power &
Light Company submitted an
application for COLs for two AP1000
advanced passive pressurized water
reactors designated as Turkey Point
Units 6 and 7 in Miami-Dade County,
Florida.
These four applications are currently
under review by the NRC staff.
An applicant may seek a COL in
accordance with Subpart C of 10 CFR
Part 52. The information submitted by
the applicant includes certain
administrative information, such as
financial qualifications submitted
pursuant to 10 CFR 52.77, as well as
technical information submitted
pursuant to 10 CFR 52.79. These notices
are being provided in accordance with
the requirements in 10 CFR 50.43(a)(3).
E:\FR\FM\18NON1.SGM
18NON1

Agencies

[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Pages 71607-71608]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29841]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
[OMB Number 1110-0008]
Agency Information Collection Activities: Proposed Collection,
Comments Requested; Extension of a Currently Approved Collection;
Monthly Return of Arson Offenses Known to Law Enforcement
ACTION: 30-day Notice of Information Collection Under Review.
-----------------------------------------------------------------------
The Department of Justice, Federal Bureau of Investigation,
Criminal Justice Information Services Division (CJIS) will be
submitting the following information collection request to the Office
of Management and Budget (OMB) for review and clearance in accordance
with established review procedures of the Paperwork Reduction Act of
1995. The proposed information collection is published to obtain
comments from the public and affected agencies. This proposed
information collection was previously published in the Federal Register
on September 15, 2011, Volume 76, Number 179, Page 57081, allowing for
a 60 day comment period.
The purpose of this notice is to allow for an additional 30 days
for public comment until December 19, 2011. This process is conducted
in accordance with 5 CFR 1320.10.
Written comments and/or suggestions regarding the items contained
in this notice, especially the estimated public burden and associated
response time, should be directed to Mr. Gregory E. Scarbro, Unit
Chief, Federal Bureau of Investigation, CJIS Division, Module E-3, 1000
Custer Hollow Road, Clarksburg, West Virginia 26306; facsimile (304)
625-3566.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Comments should address one or more of the following four
points:
[[Page 71608]]
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques of
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of information collection: Extension of a currently
approved collection.
(2) The title of the form/collection: Monthly Return of Arson
Offenses Known to Law Enforcement.
(3) The agency form number, if any, and the applicable component of
the department sponsoring the collection: Form Number 1-725; Sponsor:
Criminal Justice Information Services Division, Federal Bureau of
Investigation, Department of Justice.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: City, county, state, federal and
tribal law enforcement agencies. Brief Abstract: This form collects
information on arson incidents committed throughout the United States.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: There are
approximately 18,108 law enforcement agency respondents that submit
monthly for a total of 217,296 responses with an estimated response
time of 9 minutes per response.
(6) An estimate of the total public burden (in hours) associated
with this collection: There are approximately 32,594 hours, annual
burden, associated with this information collection.
If additional information is required contact: Jerri Murray,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, United States Department of Justice, Two
Constitution Square, 145 N Street NE., Room 2E-508, Washington, DC
20530.
Jerri Murray,
Department Clearance Officer, PRA, United States Department of Justice.
[FR Doc. 2011-29841 Filed 11-17-11; 8:45 am]
BILLING CODE 4410-02-P